House Bill hb1769

    Florida House of Representatives - 2002                HB 1769

        By Representative Andrews






  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public-records requirements for

  4         unsolicited proposals received by the

  5         Department of Transportation with respect to

  6         public-private transportation facilities;

  7         providing for future review and repeal;

  8         providing findings of public necessity;

  9         providing a contingent effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Confidentiality of unsolicited

14  proposal.--An unsolicited proposal for a public-private

15  transportation facility received by the Department of

16  Transportation under section 334.30, Florida Statutes, is

17  confidential and exempt from the provisions of section

18  119.07(1), Florida Statutes, and Section 24(a) of Article I of

19  the State Constitution from the date of its receipt until the

20  deadline for receiving competing proposals has expired. Any

21  information or record from such proposal that the department

22  provides to any other governmental entity for the purpose of

23  substantiating or evaluating the proposal continues to be

24  exempt from the provisions of section 119.07(1), Florida

25  Statutes, and Section 24(a) of Article I of the State

26  Constitution until the deadline for receiving competing

27  proposals has expired. This section is subject to the Open

28  Government Sunset Review Act of 1995 in accordance with

29  section 119.15, Florida Statutes, and shall stand repealed on

30  October 2, 2007, unless reviewed and saved from repeal by the

31  Legislature.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1769

    571-191-02






  1         Section 2.  The Legislature finds that the exemption

  2  from public-records requirements which is provided in this act

  3  is a public necessity due to the need to prevent potential

  4  competing proposers of public-private transportation

  5  facilities from obtaining an unfair advantage over the initial

  6  unsolicited proposer. The Legislature further finds that, to

  7  make the highly proprietary information in an unsolicited

  8  proposal available to potential competing proposers would

  9  adversely affect the integrity of the competitive selection

10  process under section 334.30, Florida Statutes, and would

11  deter the submission of unsolicited proposals for

12  public-private transportation facilities to the Department of

13  Transportation. The Legislature further finds that the need to

14  verify or evaluate information contained in an unsolicited

15  proposal, though furthering a state interest, does not

16  override the public policy determinations made to exempt that

17  information from public disclosure and that records so

18  exempted should retain that status when obtained by another

19  governmental entity until the expiration of the deadline to

20  submit competing proposals.

21         Section 3.  This act shall take effect upon the

22  effective date of legislation amending section 334.30, Florida

23  Statutes, which includes amendments requiring consideration of

24  competitive proposals or substantially similar legislation, if

25  such legislation is adopted in the same legislative session or

26  an extension thereof.

27

28            *****************************************

29                          SENATE SUMMARY

30    Exempts unsolicited proposals received by the Department
      of Transportation with respect to public-private
31    transportation facilities until the time for receiving
      competing proposals has passed.
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CODING: Words stricken are deletions; words underlined are additions.